FINDINGS OF FACT

On the 8th day of August 2018 the Colchester Development Review Board approved the preliminary plat application of Burlington Outparcel Owner, LLC and Colchester Retail, LLC to amend a previously approved planned unit development. The amendment consists of the construction of a 6,375 sq. ft. multi-tenant commercial building on the .57 acre lot. Subject property is located at 18 Lower Mountain View Drive, tax map 1, parcel 21. The approval is based

upon the following:

1.         DISCUSSION

This project consists of a preliminary plat application of Burlington Outparcel Owner, LLC and Colchester Retail, LLC to amend a previously approved planned unit development. The amendment consists of the construction of a 6,375 sq. ft. multi-tenant commercial building on the .57 acre lot. Subject property is located at 18 Lower Mountain View Drive, tax map 1, parcel 21.

The property is located in the Commercial District and involves two parcels in the planned unit development. It is bounded on the west by Roosevelt Highway, on the south by Interstate 89, on the east by an undeveloped parcel, and on the north by Lower Mountain View Drive. The applicant shall submit a site plan application with the final plat for the proposed building.

The preliminary plat application was substantially deficient in addressing criteria 9.05D & S herein (setbacks and aesthetics). Part of the building is shown within a temporary construction easement to the Town with the entirety of the patio also show in this easement. As the sidewalk and intersection improvements have not yet occurred, this would require their removal at a later date. Snow storage has not been addressed. The proposed elevations of the building do not treat Roosevelt Highway and Lower Mountain View Drive as principal facades and have an adverse impact on the aesthetics of the area and Exit 16 gateway. Staff did not recommend providing any setback or lot coverage increases at this time. While some of these issues may be able to be addressed at final plat, staff was hesitant to recommend even a conditional preliminary approval at this time as substantial design modifications will be necessary before the final plat could be heard. The applicant provided additional information and addressed the concerns at the preliminary plat and provided assurances that the final plat submittal will fully address these concerns.

As of the date of issuance of the Findings of Fact and Order no person(s) have been granted interested party status.

The following is an excerpt from the minutes of August 8, 2018

Austin Turner of Bohler Engineering and John Scribner of Lisciotti Development were present of behalf of the preliminary plat application.

The presentation included, but was not limited to, the following:

•        The property is located in the Commercial District and involves two parcels in the planned unit development.

•        Part of the building is shown within a temporary construction easement to the Town with the entirety of the patio also show in this easement. Applicant spoke with VTrans regarding the patio. VTrans stated it would not be an issue if work was done before sidewalk work. Bike rack easement would not be a concern as well.

•        Applicant proposes a 25 foot front yard setback from Roosevelt Highway and a 10 foot front yard setback from Lower Mountain View Drive.

•        Applicant has formally requested a front yard setback reduction.

•        If patio is approved, landscaping cost will far exceed 3% due to retaining wall. Otherwise, applicant has formally requested a landscaping cost reduction.

•        Directional drilling for gas lines would require no excavation.

•        Applicant has requested a PUD increase since total lot coverage exceeds the 70% coverage requirement. Applicants are considering green infrastructure to incorporate for excess coverage.

•        Façade has been redesigned for peaks, color scheme, and fake windows added for design.

•        Parking will have shared parking. 27 properties on site, with another 11 shared in near vicinity, which meets demands. Off peak hours from neighboring lots.

•        Mix of retail and restaurant.

•        Stormwater: possibly upgrading piping.

•        Applicant will update lighting plan to show height and lower fc.

•        Shared maintenance agreement with property owner to manage parking lot area will be created.

The Board reviewed the preliminary plat application.

M. Gamage would like to see the aesthetics look similar to previous approved building for this property. A. Turner said he would talk to the architect to design something more similar to the previous design. J. Swenor asked about reducing the number of lights to lower fc. A. Turner said it was more of an issue of hot spots. B. Severin asked about snow coverage. A. Turner noted that snow will either be plowed over to side or trucked off. L. Riddle asked about landscaping reduction waiver. A. Turner noted landscaping would exceed budget with the patio addition. L. Riddle requested applicant submit correspondence with VTrans at Final Plat.

A motion was made by J. Swenor and seconded by B. Severin to close the public hearing. The motion passed with a vote of 5 - 0.

In deliberative session, a motion was made by Z. Bludevich and seconded by B. Severin to approve the preliminary plat, with conditions. The motion passed with a vote of 4 - 1, with J. Swenor opposing.

II.        FINDINGS OF FACT

The Development Review Board has found that the project will not have any adverse effects as defined by the criteria listed in the Town of Colchester Development Regulations.

DEVELOPMENT REGULATIONS

Section 9.05A Required Improvement List: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval. The Board found the application complies with this criterion.

Section 9.05B Suitability of Land: No changes were proposed to the pre-existing lots. The Board found the application complies with this criterion.

Section 9.05C Lot Layout: No changes were proposed to the pre-existing lots. The Board found the application complies with this criterion.

Section 9.05D Building Envelopes: The property has two front yard setbacks each 45 feet and two side yard setbacks each 15 feet. The applicant proposed a 25 foot front yard setback from Roosevelt Highway and a 10 foot setback from Lower Mountain View Drive (for the patio and approximately 25 feet for the building). The building is meeting the 15 foot side yard setbacks and access and parking is at least 5 feet from the property lines. While the applicant may request setback reductions as part of the PUD, staff stated at sketch the concern that the patio on the northern side is within the temporary construction easement. It now appears that part of the building is within the easement area.

The final plat submittal shall remove the building completely out of the temporary easement area including roof overhangs. While other amenities such as a patio may be acceptable in the temporary easement area, staff recommended that any condition of setback reductions include the requirement that these intrusions not be constructed until such time as the construction contemplated in the easement is complete. The existing easement speaks to restoring grass or asphalt but no other structures. The bike rack shall also be moved out of the easement area. For these reasons, staff did not recommend granting the front yard setback reductions at this time. The final plat application shall also address snow storage on the site. The Board found the application does not comply with this criterion.

Section 9.05E Monuments and Lot Corner Markers: The proposed lots shall be expected to comply with this section of the Regulations as part of the final plat approval. The Board found the application complies with this criterion.

Section 9.05F Energy Conservation: The applicant shall include information as to whether or not the proposed project will meet or exceed Vermont Energy Standards. The Board found the application complies with this criterion.

Section 9.05G Water Supply: Prior to preliminary plat, the applicant was to receive water allocation from the Champlain Water District. This has not been done and shall be prior to final plat submittal. Any changes to the water system will require design approval from the District prior to issuance of a building permit. The applicant shall revise Hydrant Detail on Sheet 15 to indicate minimum cover of 6'. Also, hydrants shall be provided in accordance with Champlain Water District (CWD) requirements rather than Town requirements as indicated. The Board found the application does not comply with this criterion.

Section 9.05H Sewage Disposal: The project is located within the Town's sewer service area. An amendment to the State Wastewater Permit is currently pending approval. The permit shall be amended prior to issuance of a building permit

In accordance with Ch. 10, Sec. 10-10, a new connection to the municipal sewer system and a new wastewater allocation shall be required. The applicant shall complete and submit a "Wastewater Allocation and Sewer Connection Permit" with the preliminary plat application. The Board found the ,application complies with this criterion.

Section 9.05I Site Preservation and Landscaping: The applicant provided a landscape schedule for the site. The applicant proposed to enhance existing landscaping along Routes 2 & 7 and Lower Mountain View Road through the planting of shrubs along the road frontage as to shield headlights from the parking area onto the streets. While it looks like some existing landscaping will need to be removed or relocated, there are opportunities for new or replacement plantings. Shade trees will be accommodated within parking islands per Section 10.01 of the Development Regulations. Staff recommended that the applicant evaluate if the Exit 16 landscape plan, mostly street trees, can be accommodated on the property particularly in the vicinity of the interstate right of way. The applicant shall request a waiver at preliminary plat as the value of new landscaping amounts to 1.5% ($15,000.00) as opposed to 3% ($30,000.00) of the cost of construction. It should be noted that hardscaping can be counted as landscaping value. Prior to the applicant receiving a landscape reduction from the Board, the applicant shall include the total value of hardscaping proposed. The applicant noted that with the hardscaping a reduction would not be necessary. A landscape improvement agreement to secure the landscaping shall be required prior to the issuance of a building permit. Dumpsters and loading facilities are located in the rear of the building surrounded by existing landscaping and new shrubs. All dumpsters shall be fully screened and for dumpsters containing food products fully enclosed such as the dumpster behind the restaurant. The Board found the application does not comply with this criterion.

Section 9.05J Streets: Pavement cuts for utility access will require issuance of a Waiver by the Director in accordance with Section 13.15. To the extent possible, open cuts shall not be permitted for utility service connections off of Lower Mountain View Dr. Where possible, existing onsite mains or service lines shall be utilized for new service access. Where pavement cuts cannot be avoided, a ROW Permit in accordance with Section 13.12 shall be required including a completed application and proof of contractor insurance. A traffic control plan shall also be submitted prior to issuance of permit. Crossing of three lanes to access the existing gas main will not be permitted. Pavement cuts for service access shall be limited to the area directly over and around the main required for tapping and receiving of directional drill or bore and jack.  Submit revised plan with approximate pavement cut. No lane closures will be permitted during peak hours of operations. Any required lane shifts shall be coordinated with the appropriate VTrans Signal Technician. Contact District 5 Office at (802) 655-1580. Where necessary, all pavement repairs shall be in accordance with the Specifications and Standards including Figure 3.14 for minimum depths and pavement types. The Board found the application does not comply with this criterion.

Section 9.05K Pedestrian Access: The proposed lot reconfiguration includes accommodations for the Exit 16 pedestrian plan that will result in a sidewalk being constructed across the frontage of the property. The proposed sidewalk wraps around the structure and connects to proposed future municipal sidewalk. A traffic control plan shall also be submitted prior to issuance of permit. The Board found the application complies with this criterion.

Section 9.05L Utilities: All utilities shall be underground. A traffic control plan shall also be submitted prior to issuance of permit. The Board found the application complies with this criterion.

Section 9.05M Traffic: A Traffic Study in accordance with of the DPW Manual of Specifications and Standards (DPW Manual) was submitted and reviewed by the Department of Public Works. This analysis looked at the combined effects for Lots 1 and 2 and include Trip Generation and Volumes (Current and 5 Year levels, with and without development,) Trip Distribution, Accident History, and Levels of Service analysis for the following intersections: access driveways onto Lower Mountain View Dr. and Roosevelt Hwy/Lower Mountain View Dr. The project is projected to generate 236 average daily trip ends with 27 occurring in the PM peak hour. In accordance with DPW Manual, Sec. 1.11, stopping of traffic on adjacent public roadway shall not be permitted without necessary traffic control measures in accordance with Manual on Uniform Traffic Control Devices (MUTCD) including approach signing and flagmen. A traffic control plan shall also be submitted prior to issuance of permit. The Board found the application complies with this criterion.

Section 9.05N Storm Drainage & Erosion Control: Approximately.5 acres of the .57 acre site will be disturbed. Total lot coverage will increase to 72% (70% max). The applicant provided a front yard coverage showing 26% coverage along each street (30% max). The applicant has requested a PUD increase since total lot coverage exceeds the 70% coverage requirement.

Increases to coverage must address 90% of the one year storm or the first inch of rainfall through green infrastructure. This requirement was to be addressed as part of the preliminary plat application or the site revised to reduce to 70% max total lot coverage. The approval of an Erosion and Sediment Control Plan for land disturbing activities equal to or greater than 10,000 square feet shall be required in accordance with Ch. 18, Sec. 18-22. A plan with completed application shall be submitted for review and approved by the Town Engineer with final plat. As the state stormwater permit for this site will need to be amended as a result of this development, a copy of plan submittal to the state including design calculations should be submitted to the Town Engineer prior to issuance of a building permit.

In accordance with Sec. 18-24 and 25, adequate silt fencing, inlet protection and/or sedimentation basins shall be installed to prevent the discharge of any sediment from land disturbing activities approved by the Town to any other property, the MS4 (Public ROW) and/or surface waters. A sediment and soil erosion control plan has been included on the preliminary plat plans.

If construction is proposed to begin prior to May 1st, a waiver of the winter shutdown period will be required from the Public Works Director as indicated in Sec. 18-24 (2). All work shall be in accordance with Winter Stabilization Requirements of the Low Risk Site Handbook for Erosion Prevention and Sediment Control.

Significant changes in the proposed site will require re-evaluation of required stormwater permits by the Vermont Department of Environmental Conservation. A traffic control plan shall also be submitted prior to issuance of permit. The Board found the application does not comply with this criterion.

Section 9.05O Excavation & Grading: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval. A traffic control plan shall also be submitted prior to issuance of permit. The Board found the application complies with this criterion.

Section 9.05P Outdoor Lighting: The property consists of a mix use of wall mounted lighting and single post lighting fixtures. The maximum mounting height is missing on the lighting plan and shall not exceed 20 feet in height. The average illumination level shall not exceed 1.2 fc and has proposed an average illumination level of 2.91. This shall be revised prior to final plat. A traffic control plan shall also be submitted prior to issuance of permit. The Board found the application does not comply with this criterion.

Section 9.050 Municipal Facilities & Recreation Areas: The applicant provided a project vicinity plan showing the proposed improvements to Roosevelt Highway and Lower Mountain View Drive as currently under design by VTrans. A traffic control plan shall also be submitted prior to issuance of permit. The Board found the application complies with this criterion.

Section 9.05R Governmental Services: The Colchester Building Inspector consulted with the two fire departments that service Colchester and stated the following:

1.   Prior to issuance of a certificate of occupancy an access box shall be installed with all keys.

2.   Prior to issuance of a certificate of occupancy a fire alarm system shall be installed in accordance with NFPA 72.

3.   Turns in fire access shall be constructed with a minimum radius of 25 ft. at the inside curb/shoulder line and a minimum radius of 50 ft. at the outside curb/shoulder line.

4.   Fire access shall have minimum of 24 feet of width for all structures requiring tower truck access. The lane shall be constructed so as to support a 40,000 pound vehicle, however may be surfaced with pavement, gravel, paving blocks, and grass over a load bearing gravel layer.

5.   Prior to issuance of a certificate of occupancy a hydrant shall be installed at the shared entrance. Hydrant details need revisions to indicate a minimum of 6 feet. Also, hydrants shall be provided in accordance with Champlain Water District (CWD) requirements rather than Town requirements as indicated.

6.   The final plat plan set shall be revised to depict handicap parking meeting ADA Standards for a van (width of space shall be 132" wide).

The applicant should also address the fire lane on the Hampton Inn site that chronically has parking in it and perhaps evaluate striping it a no-parking tow zone. The Board found the application does not meet this criterion.

Section 9.05S Aesthetics: Elevation plans of all 4 sides were included with the application and are expected not to exceed 21 feet (35 foot max). The structure is generic and does not help distinguish the Exit 16 gateway. The Roosevelt Highway façade is lacking detail, visual punctuation such as windows and is a detriment to the proposed Exit 16 enhancements. In a January 27,2010 approval of a comparable 6,000 sq. ft. building for the site, the DRB required the proposed building to have comparable internal and external facades:

"The applicant provided a reduced size set of elevations and renderings of the proposed restaurant dated 12/1/09. The proposed fa9ade will be a grey color to match the existing buildings on site with deep red awnings. The existing hotel and restaurant to be converted to retail space will remain as-is. Since the December hearing, the applicant has revised the "Restaurant Render view from Route 7" to show a revised rendering of the south fa9ade. The elevations have not been updated to show these modifications which were done, in part, to address concerns from the Board about the building's presentation from Roosevelt Highway (Route 7). The service area roof has been lowered by two feet, the overhead door has been lowered by one foot, the location of the man door and the overhead door at the service area have been flipped, and faux windows with awnings have been added to the south side of the cooler. An airlock has also been added to the front entrance for the building that will be clad in the same brick as proposed to skirt the building. Staff recommended that the area in the gable end of the south façade be designated as an area for a wall sign as it would help to further break up the massing of the building.

The building now has a varied roof-line that employs a hierarchy of roofs that serve to break up the massing ofthe building and tie it into its surroundings better and lessen the visual prominence of anyone particular area of the building. The use of dormers and red awnings also help to punctuate the facades. The building is proposed to be grey to match the existing buildings on the site and the accent red will be a deeper hue. The brick skirt will be a slate grey. A black or dark grey roof is proposed and the trim will be white. The applicant submitted renderings of how the proposed sidewalk will blend with the front entrance of the proposed building. "

The approved 2010 Roosevelt façade is shown here:

The building previously approved for this site used clapboard and was substantially punctuated with dormers, large glass windows, and awnings. The current proposal for a one-story building used corrugated metal siding and has a blank fa<;ade along Roosevelt Highway. Staff did not recommend positive findings under this criterion as it detracts from the Exit 16 gateway and does not enhance the character of the area. Other buildings in proximity to the site utilize brick or clapboard and provide a two-story presence even if not a true second story. If the applicant can not substantially redesign the building for final plat, staff recommends the Board deny the application with prejudice. The Board found the application does not meet this criterion.

Section 9.05T Town Plan: The Town Plan states that the Exit 16 neighborhood should continue to be the dominant commercial and business center for Colchester and integration of mutually sustaining uses is encouraged. The proposed building will serve the hotel as well as a larger regional need for the community. The Board found the application meets this criterion.

Section 9.05U Owners Association: The applicant shall note at final plat how the shared parking and access will be maintained. All proposed easement areas shall be shown on the preliminary plat plans. The Board found the application meets this criterion.

Section 9.07C General Standards: The project, a Planned Unit Development, meets the minimum overall size of 1.5 acres at 6.58 acres for the combined lots. A buffer strip is not applicable as the property is within the Commercial District. Parking requirements will need to be addressed at site plan. It appears that 46 spaces are required and only 38 are shown on the site, 11 of which are shown as shared parking. A parking agreement will need to be proposed as part of any parking reduction request as well as a future reserve area provided for the nine parking spaces not provided. Parking shall be addressed with the site plan application. The Board found the application meets this criterion.

Section 9.07D(1) Specific Standards: No changes are sought to the public road frontage, lot size, or buffer. The applicant shall examine lot coverage requirements, specifically front yard coverage, for final plat and seek increases if necessary. Increases to coverage must address 90% of the one year storm or the first inch of rainfall through green infrastructure that has not been done (proposed increased 72% that is 2% over the max of 70%). Internal setbacks will require reductions and should be requested at preliminary plat. The property has two front yard setbacks each 45 feet and two side yard setbacks each 15 feet. The applicant proposed a 25 foot front yard setback from Roosevelt Highway and a 10 foot setback from Lower Mountain View Drive (for the patio and approximately 25 feet for the building). The building is meeting the 15 foot side yard setbacks and access and parking is at least 5 feet from the property lines. The applicant shall show that the project meets the purpose of the planned unit development and elevations shall be provided of the proposed building that demonstrates the project's ability to blend with or improve the character of the area. Interior front yard setbacks may be reduced if the DRB determines such reductions will improve pedestrian circulation. The Board found the application does not meet this criterion.

Section 9.07D(2) PUD Buffer Requirements: Not applicable. The Board found the application meets this criterion.

Section 9.07D(3) Lot Size and Dimensional Requirements: No changes are sought to the existing lot sizes. The Board found the application meets this criterion.

Section 9.07D(4) Open Space: Not applicable. The Board found the application meets this criterion.

Section 9.07D(5) Recreation Areas: Not applicable. The Board found the application meets this criterion.

Section 9.01D (6) Varied Types of Dwellings: Not applicable. The Board found the application meets this criterion.

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

ORDER

Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby approved the preliminary plat application of approved the preliminary plat application of Burlington Outparcel Owner, LLC and Colchester Retail, LLC to amend a previously approved planned unit development. The amendment consists of the construction of a 6,375 sq. ft. multitenant commercial building on the .57 acre lot. Subject property is identified in Book 833, Page 477 of the Colchester Lane Records. Subject property is located at 18 Lower Mountain View Drive, tax map 1, parcel 21. The approval is per a fifteen (15) page set of plans titled "Site Development Plans" prepared by Bohler Engineering dated 5/31/18 with the following conditions:

1.   All previous approvals and stipulations which are not superseded by this approval shall remain in effect.

2.   The applicant shall provide the following as part of the Final Plat submittal:

a.   Remove the building completely out of the temporary easement area including overhangs.

b.   Relocate bike rack out of the easement area.

c.   Receipt of water allocation from Champlain Water District.

d.   Revise hydrant detail on Sheet 15 to indicate minimum cover of 6'.

e.   Complete and submit a Wastewater Allocation and Sewer Connection Permit.

f.    Plans with approximate pavement cut.

g.   Revised plan depicting average illumination level not to exceed 1.2. fc. And mount maxing height not to exceed 20 ft.

h.   Hydrant details need to be revised to indicate a minimum of 6 feet.

i.    Hydrant requirements shall be in accordance with the requirements of Champlain Water District.

j.    Revised plan to depict handicap parking meeting ADA Standards for a van with a width of space to be 132".

k.   Substantial redesign of the building to improve the Roosevelt Highway fa9ade.

1.   All proposed easement areas shall be shown on the plan.

m.  Receive a waiver from Department of Public Works for pavement cut or revised plans accordingly.

n.   Address parking in fire lane on parent parcel.

o.   Revised plan to depict handicap parking meeting ADA Standards for a van.

p.   Total value of landscaping to include hardscape.

q.   Provide correspondence from State of Vermont approving construction of patio prior to the sidewalk.

3.   The new building shall be constructed to meet or exceed Vermont Energy Standards.

4.   No outdoor lighting is approved at this time.

5.   All utilities shall be underground.

6.   All dumpsters shall be fully screened and any dumpster containing food shall be fully enclosed.

7.   Pavement cuts for service access shall be limited to the area directly over and around the main required for tapping and receiving of directional drill or bore and jack

8.   To the extent possible, open cuts shall not be permitted for utility service connections off of Lower Mountain Drive. Where pavement cuts cannot be avoided, a ROW Permit in accordance with Section 13.12 shall be required including a completed application and proof of contractor insurance.

9.   Crossing ofthree lanes to access the existing gas main shall not be permitted.

10. No lane closures will be permitted during peak hours of operations. Any required lane shifts shall be coordinated with the appropriate VTrans Signal Technician. Contact District 5 Office at (802) 655-1580.

11. Where necessary, all pavement repairs shall be in accordance with the Specifications and Standards including Figure 3.14 for minimum depths and pavement types.

12. In accordance with DPW Manual, Sec. 1.11, stopping of traffic on adjacent public roadway shall not be permitted without necessary traffic control measures in accordance with Manual on Uniform Traffic Control Devices (MUTCD) including approach signing and flagmen.

13. In accordance with Sec. 18-24 and 25, adequate silt fencing, inlet protection and/or sedimentation basins shall be installed to prevent the discharge of any sediment from land disturbing activities approved by the Town to any other property, the MS4 (Public ROW) and/or surface waters.

14. Turns in fire access shall be constructed with a minimum radius of 25 ft. at the inside curb/shoulder line and a minimum radius of 50 ft. at the outside curb/shoulder line.

15. Fire access shall have minimum of 24 feet of width for all structures requiring tower truck access. The lane shall be constructed so as to support a 40,000 pound vehicle, however may be surfaced with pavement, gravel, paving blocks, and grass over a load bearing gravel layer.

16. Should construction be proposed after October 15th and prior to May 18\ a waiver of the winter shut down period will be required from the Colchester Department of Public Works as well as the erosion and sediment control plan shall be amended to address requirements for winter construction. All work shall be in accordance with the Low Risk Site Handbook for Erosion and Sediment Control.

17. Adequate silt fencing and/or sedimentation basins shall be installed to prevent the discharge of any sediment from land disturbing activities approved by the Town to any other property, the MS4 (Public ROW) and/or surface waters. All work shall be performed in accordance with the "Low Risk Site Handbook for Erosion Prevention and Sediment Control".

18. Prior to the issuance of any Building Permits the property front line corners for each lot shall be established with witness stakes or iron pins. Prior to issuance of a Certificate of Occupancy said property line corners shall be established with permanent monumentation.

19. Prior to issuance of a building permit for the proposed development the applicant shall submit and receive approval of the following:

a.   All proposed deeds, deed restrictions, sidewalk easement, easements, and association documents shall be submitted to the Planning and Zoning Department in digital Word format. Deeds and certificates shall be approved by the Town Attorney. Approval of deeds by the Town does not constitute acceptance.

b.   The applicant shall submit and receive all necessary State Wastewater and Potable Water Supply Permits for the project.

c.   A traffic control plan shall also be submitted prior to issuance of permit.

20. Prior to issuance of a Certificate of Occupancy:

a.   An access box shall be installed with all keys.

b.   A fire alarm system shall be installed in accordance with NFPA 72

c.   A hydrant shall be installed at the share entrance.

21. Prior to issuance of a building permit:

a.   An amended State Wastewater permit shall be issued.

b.   The applicant shall provide a landscape improvement agreement.

c.   A traffic control plan shall be submitted to the Town Engineer for review and approval.

d.   An Erosion and Sediment Control Plan and application in accordance with Ch. 18, Sec. 18-22 shall be submitted for review and approved by the Town Engineer.

e.   The State Stormwater Permit for this site shall be amended and a copy of the plan submittal to the state including design calculations should be submitted to the Town Engineer.

22. In accordance with Colchester's Fee Ordinance Chapter 6 1;; - 4 (9) the applicant is responsible for payment of all permit fees as well as for the costs of reviews conducted by third-party consultants/experts requested by the Town. All fees shall be paid prior to or at the time of obtaining a building permit.

23. Per Section 18-23 (b) of the Colchester Code of Ordinance: Earthwork shall be scheduled for completion and the site stabilized no later than October 15^th. By the end of the growing season, perennial cover shall be established and non-vegetated protection measures installed by October 15. There shall be no land disturbance activities allowed between the dates of October 15th and April 30^th. A waiver of this requirement may be granted by the Director of Public Works, or his designee, following the submittal and approval of a winter construction erosion control plan consistent with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.

24. No excavation, site development, or building construction shall occur until the applicant has obtained all necessary permits from the Town of Colchester in accordance with the Building, Zoning, Health and other applicable ordinances that may be required.

25. Disposal of excavated earth material, stumps, brush, or other material removed from this site shall take place at a location properly permitted for such activity. Placement of fill material in Colchester requires a permit to be obtained by the owner of the land to be filled. Improper placement of material from this site shall constitute a violation of this approval.

26. By acceptance of these Findings of Fact and Order the Permittees agree to allow representatives of the Town of Colchester access to the property covered by the approval for the purpose of ascertaining compliance with all local regulations and with this Order.

27. The project shall be constructed and operated in accordance with the submitted application documents, the stamped approved plans, the Findings of Fact and Order, the Colchester Development Regulations. There shall be no change in the proposed use or approved plans without prior approval of the Town. The Development Review Board reserves the right to review and issue supplementary Findings of Fact and Order for any substantial change in the project approved herein. Any unauthorized change from the approved plans shall be grounds for revocation of the Order and approval.

28. The Final Plat application shall be submitted within 12 months or said approval shall become null and void.

IV.       APPEAL RIGHTS

The owner of the project property and interested persons have a right to appeal this decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 32 Cherry Street, 2nd Floor, Suite 303 Burlington, VT 05401 and a copy to Colchester Development Review Board at 781 Blakely Road, Colchester, Vermont 05446. The fee is $295.00 made payable to Vermont Environmental Court. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472 (d) (exclusivity of remedy; finality). This also applies to any interested person(s) who may have had a right to appeal.